Vanda James and Tom Quinn, both partners at Birketts LLP, join the latest Today's Family Lawyer to discuss the current sentiment around alternative and out of court dispute resolution.

Amongst the points up for discussion are

• Does out of court dispute resolution force people down a route that may ultimately end up in a more unfavourable settlement than they would get in court?
• Is the culture of family law changing in such a way that instead of court being the first option, ADR is now the first port of call
• How do we identify opportunities for private FDR
• What should the law commission come back with on their review of financial remedies

Both Tom and Vanda are advocates for out of court dispute resolution and acknowledge that although there are still lawyers out there who relish the adversarial nature of family, in general the culture is changing. Importantly, we are recognising the impact on parents and children, says Vanda, adding she personally finds the process more rewarding than going to court.

The changing culture has accelerated in part due to the impact of the COVID-19 pandemic, suggests Tom, which have exacerbated court delays and the inability to have cases heard.

On Private FDRs both in favour; there is, says Tom, a risk in the courts system the judge has simply not had chance to review the bundle, and/or the hearing is bumped out because of capacity issues.

Vanda agrees; the delays place people's lives on hold for months on end; speed is a huge factor in the success of private FDRs. There is also greater availability to choose the judge; more barristers want to do this work; and fees are coming down to a sensible level so it's more accessible.

The only thing we lose, says Tom, is the 'gravity' of going to court and having to sit in front of a judge; it focuses the mind and there is more pressure on parties to settle... but realistically we have no other option these days because of the delays.

Concluding the discussion Tom and Vanda share their thoughts on what the law commission should propose following their review of financial remedies.

There should be costs consequences for proposals put forward on a without prejudice basis; but on potential proposals to introduce more prescriptive legislation he's wary as the current discretionary process has huge benefits.

On the other hand, says Vanda, clients want and need certainty; the discretionary element is important but we could do more to create greater certainty in the process.

The Today's Family Lawyer podcast is available on your preferred podcast provider and at www.todaysfamilylawyer.co.uk.

Subscribe to Today's Family Lawyer to receive our FREE weekly newsletter, out every Thursday and listen in to the podcast to hear all the latest news and views from across the family law sector.

As one of the disruptors in the wake of the Legal Services Act 2007 QualitySolicitors (QS) was launched in 2009 with the ambition to help the high street fight back against the anticipated onslaught of major brands entering the legal market - so-called 'Tesco Law.'

QS grew rapidly, with firms up and down the country adopting the familiar black and pink branding, adding the name "QualitySolicitors" to their firm name to create greater brand recognition. In 2011 an investment of c.£100m saw Palamon Capital Partners take a majority stake in the group.

In the years since QS has remained steadfast in its support for the high street and, after a short stint as part of Metamorph, emerged relatively unscathed following a Management Buyout (MBO) in 2022.

On this latest Today's Family Lawyer Podcast, host David Opie welcomes CEO Richard Skelley and Chief Operating Officer Victoria Browning to discuss what's next for QS.

There is still much continuity; Victoria has been with the business since 2016 overseeing much of the work done to support firms with recruitment and business development, employer branding and conveyancing panel services. And equally there are breaks from the past; QS firms no longer need to rebrand their firm for example.

The business is now focused on 4 key principles, explains Richard. The QS Way: A Philosophy for Sustainable Growth covers People, Process & Procedures, Power of Many, and Profile - principles supported by continued to efforts to help firms through the QualitySolicitors consumer-facing website which still generates 1m hits annually.

And membership has been reviewed with a new tiered approach offering free, 'lite' and full options for firms. It is, says Richard, a much more flexible approach than previously.

We've kept the great bits QS had - we have over 100 sites across the country and still have clients that joined right at the start - and augmented it with a range new options based on member feedback, concludes Richard, adding we are always happy to talk to firms interested in learning more about how QS can support them in the growth ambitions.

The Today's Family Lawyer podcast is available on your preferred podcast provider and at www.todaysfamilylawyer.co.uk.

Subscribe to Today's Family Lawyer to receive our FREE weekly newsletter, out every Thursday and listen in to the podcast to hear all the latest news and views from across the family law sector.

The challenges of rising cost of living, wage growth, and getting on the property ladder has seen a significant increase in financial support offered by parents and grandparents to children.

1 in 3 first time buyers are cohabitees, and according to the Office for National Statistics figures there has been a 20% increase in the number of people not in marriages or civil partnership cohabiting since 2012; 5.4m people to 6.8m. It continues to be the fastest rising living arrangement.

Against this backdrop what happens when a cohabiting relationship breaks down, and parent/grandparents are concerned their financial support may end up in the hand of parties they don't want it to.

Kate Booth, Head of the Family Team at Brindley, Twist, Tafft & James Solicitors joins the Today's Family Lawyer podcast to discuss the issue, highlighting some of her recent work on the subject. She points to these often informal arrangements, whereby no discussion around repayment, or interest is considered, becoming a more formal concern in the event of a relationship breakdown, and/or sale of a property.

One of the main points of contention is whether the money is classed on separation as a gift or a loan. Kate also discusses the complications around hard and soft liabilities which can come into the matter as well.

In 2022, P v Q provides some pointers on how the courts might deal with debts and is a useful precedent when taking on such matters.

Kate explains in detail some of the considerations practitioners should account for when dealing with such maters in an informative and interesting discussion.

The Today's Family Lawyer podcast is available on your preferred podcast provider and at www.todaysfamilylawyer.co.uk.

Subscribe to Today's Family Lawyer to receive our FREE weekly newsletter, out every Thursday and listen in to the podcast to hear all the latest news and views from across the family law sector.